Josh Duggar’s legal team filed documents Friday seeking to have the child p0rnography charges against him dismissed, with motions requesting to suppress certain evidence and statements in the case–- including photos of the former 19 Kids and Counting star’s feet and hands–- and an effort to possibly place the blame on a former employee, whom Josh’s lawyers say be have been the person who downloaded the child sex abuse photos and videos to Josh’s computer.
According to The Sun, attorneys for the 33-year-old—who was charged in April with possessing and receiving child p0rnography— want the case dismissed. In one of the filed motions, Josh’s legal team claims the government failed to “preserve potentially exculpatory evidence,” which the legal team believes could exonerate Josh.
Since there’s a lot of new stuff to unpack here, The Ashley is splitting it up to make it more readable.
Josh’s attorneys say other people could have downloaded the offensive material, including a former employee who slept overnight at the car lot & watched adult p0rn.
Court documents obtained by the site claim certain people had access to the wireless Internet at Josh’s now-closed used car lot– the site where authorities confiscated electronics, including Josh’s cell phone, a laptop and a computer. While devices owned by the witnesses was searched, law enforcement allegedly “failed to preserve any evidence obtained during these searches.”
One witness–- first interviewed December 2019–- is described as a “person of interest” as court papers state the witness “admitted to investigators he worked at the car lot at various times and that, on several occasions, he stayed at the car lot overnight without [Josh’s] knowledge or permission.”
The individual, described in the documents as Witness #1, also reportedly admitted to viewing adult p0rnography through his cellphone while at the car lot, though when questioned by federal agents, the witness “denied viewing child p0rnography.” No child sex abuse images or videos was found on this person’s cellphone when it was searched, though.
Documents also mention two other witnesses whose devices were searched, with evidence from the third witness reportedly having gone unpreserved– an action Josh’s team believes to be a reason for his case to be dismissed.
“Where the evidence the Government failed to preserve is potentially exculpatory, dismissal is mandated if the Government acted in bad faith destroying or failing to preserve the potentially exculpatory evidence,” court papers read.
Josh’s team believes the devices “may have contained content as to whether these devices had any relevant internet search history, any evidence associated with the so-called ‘dark web’ and/or the Bit Torrent network, any metadata that might pinpoint the whereabouts of the devices at various dates and times, and the list goes on.”
The former TLC star’s legal team called the move “troubling,” noting that it has “deprived [Josh] of the opportunity to access this potentially exculpatory evidence.”
The Sun reports Josh’s team is asking to dismiss the case and, at a minimum, “have an evidentiary hearing to determine what can be determined based on the searches performed and to explore the possibility of alternative remedies.”
Josh’s lawyers want certain statements made by Josh eliminated from evidence.
Josh’s team also filed a motion Friday to suppress statements made on the day of the car lot raid, referring to those “allegedly made by [Josh] after he asserted his right to counsel and after federal agents physically stopped him from communicating with his attorney,” court documents state.
According to Emily D. Baker, a lawyer and former prosecutor who discusses legal cases on her YouTube channel, based on Josh’s detention hearing– not the defense, as it was not mentioned in the motion– the “main statement” this motion refers to is one made by Josh when his car lot was initially searched, in which he asked law enforcement if they were “looking for [child p0rnography],” prior to being read his Miranda rights.
The motion refers to additional comments made by Josh at the time of the raid, as well.
Josh’s lawyers want certain pieces of evidence thrown out of the case.
Another motion refers to evidence seized from Josh’s car lot in November 2019. According to documents, search warrants were granted based on information that should not have been obtained, therefore the search warrants themselves need to be dismissed out of court.
The motion also claims the torrent software, created and used by law enforcement, has “been the subject of various legal challenges focusing on methodology and general proposition,” therefore this evidence should be thrown out. Emily explained in her YouTube breakdown of the motions that Josh’s team is claiming that because the government “randomly grabs” this information using the software before they have been issued a search warrant, it is a violation of an individual’s “reasonable expectation of privacy.”
Josh’s lawyers want the case against Josh dismissed because some of the people working against Josh in this case were not “properly appointed.”
A motion was also filed to “dismiss indictment for violation of the Appointment Clause”– as in the appointments of the U.S. Constitution. By filing this motion, Josh’s team is attempting to have the case against him dismissed, claiming the acting secretaries of Homeland Security that have been (and currently are) in place during Josh’s investigation were not properly appointed, which qualifies as a constitutional violation.
Based on this claim, Josh’s team believes Josh’s case should be dismissed, as well as every other action taken by the department during that time (2019-present).
Josh’s lawyers want photos taken of Josh’s hands and feet after he was booked into jail in April to be thrown out of the case.
The most peculiar of the five motions filed by Josh’s legal team is one requesting to suppress photos of Josh’s hands and feet taken in April when he was booked into jail after turning himself in.
Emily explained in her YouTube video that if these type of photos are taken during booking, it is usually done to show proof that there was no struggle during arrest (no handcuff marks, etc.).
However, Josh’s team claims there was no warrant authorizing the photos to be taken. In the footnote of the filing, it states that Josh’s legal team “is in no way even suggesting that these photographs have any actual evidentiary value to the Government.”
Josh’s trial was scheduled to begin last month; however, it was previously delayed at the request of the defense and is now set to begin November 30.
Because he is not allowed to reside in a home with minor children, Josh has been living with his court-appointed guardians, LaCount and Maria Reber, as he awaits trial. He has also been ordered by the court to stay away from all minor children, except his own, whom he may visit with as long as his wife Anna Duggar is present during the visit.
As The Ashley told you earlier this month, Anna– currently pregnant with the couple’s seventh child– is reportedly staying with Josh at the Reber’s home and allowing her and Josh’s families to watch the couple’s six other children.
RELATED STORY: Anna Duggar Reportedly Staying with Disgraced Husband Josh at Guardians’ House; Family Helping to Care for Their Six Kids in Her Absence
(Photos: TLC; Instagram; YouTube)
In other words, he’s f#cked….lol
A million reasons as to why his case should be dismissed except for one….a claim of innocence. He’s guilty AF…..that’s why.
Trying to get cleared via legal tactics because they have nothing else going for him.
Wow. Just wow.
I AGREE!!! WOW!!!
He is so gross. Also how pathetic…Anna and the whole Duggar clan claim children are a blessing and yet Anna abandons her kids to follow her pedo husband.
Anna should NOT have access to her children either!!! She is JUST AS GUILTY AS JOSH!!! BOTH NEED PRISON TIME!!!
Given his history…. I hope that judge laughs at this request.
Don’t forget he used passwords he uses on other devices…guess he must tell everyone his passwords too.
Damn, and I was hoping the child molester Josh would end up in the general population in prison, so that the inmates would have at him, THEY know how to seek justice for victims of pedophiles like Josh!!! Still praying this WILL come to fruition!!
DISGUSTING MAN!!!!! NEEDS TO BE PUT AWAY FOREVER !!!! SHOULD NEVER BE ALLOWED CHILDREN!!!
Wait, what? They’re asking the judge to invalidate every act of the Department of Homeland security for the past two years? That’s all immigration cases, the Coast Guard, the Secret Service, the TSA, and FEMA, among others.
So child porn ended up on your laptop, because someone else was using the site wifi to watch porn? That’s not how it works. That’s not how any of this works.
“It wasn’t me..”
– Josh Duggar, probably
Seriously, hes a dirty peado and shes protecting him, those kids need to be removed from them and placed in a different state, with good decent people, (and not homed with any enabling family members)
Hes a sicko and should be in prison in general pop, her too.
Yes! And they should spay & neuter josh & anna. I know it is not an option but…..
I feel SO bad for those kiddos : (
This is vomit inducing. It’s not coincidence that he asked if they were looking for pictures of the same things he’s already been proven to do. Anna should have access to any children because she has clearly demonstrated their well-being is lower than her husband’s wants on her priority list.
*Anna shouldn’t have access to any children
He is a disgusting pedophile and the defense attorney is no better for defending him. I get that is your job but if I had to defend pedophiles, I’d get a new job!
Same here Gemma, but then we have Conscience and morals, where as josh and his legal team dont.
This is why I could never be a defense attorney. How anyone could defend this guy is beyond me.
Whaaaat the fuck. Please tell me he gets locked up for good.
Oh right. Must of been someone else. Except for the fact he confessed to molesting his sisters. Gross. Throw him away as well as Anna. Poor children.
I wonder if the hands/feet pictures are important due to pictures obtained from his devices, at the time he was accused of accessing the pornography. Perhaps the photos showed the person’s hands or feet… ?? Then the jailhouse pics of his hands and feet may be important to link him to the crimes? Just a thought
Ugh…That was my first thought, too.
This was my immediate thought and looks like it might be the case – https://www.google.com/amp/s/people.com/tv/josh-duggar-child-porn-case-prosecution-defense-fight-over-photos-of-his-hands/%3famp=true
Lock him up. Child perps never change. Society is better off without him.
I stopped reading halfway through. Clearly Josh’s lawyer is throwing everything against the wall hoping something sticks like defense lawyers often do. Josh is a sicko. No one believes him besides his idiot wife.
I was going to say his parents do. But I don’t actually think that’s true. I think Michelle and Jimbob don’t believe his defense, and know he’s done those terrible things. I think Anna knows too. And they all support him anyway, which is worse.